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I’ve just started revising F4 and the Kaplan book states ‘Facts’ and ‘Held’ for the cases.
What do they mean and how are the cases examined in the exam?
If I remember correctly Facts are the facts of the case and Held is the judgement or point of law established by the case.
Perhaps post an example to confirm?
Thanks Chris, please see the example below
Omnium D’Enterprises v Sutherland (1919)
Facts: The defendant had agreed to hire a ship to the claimant but before
the hire period was to commence, he actually sold the ship to
someone else.Held: The sale of the ship amounted to a clear repudiation of the contract.
The claimant could sue for breach from that dateOK, so as I said, the facts are the facts of the case and Held is the judgement/point of law.
The current F4 exam does not require you to memorise the cases. For example, you will never be asked a question like “What point of law was established in Omnium D’Enterprises v Sutherland (1919)” or “In which case was the following judgement made”
What is important is that you understand the principle of the case. Many of the questions will be very similar to the historic cases so if you understand them, you can answer the question correctly. What makes this exam tricky is the differences between the possible answers can be very subtle.
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